DERBESHYAN v. TAYLOR et al

Filing 5

OPINION. Signed by Judge John Michael Vazquez on 4/26/17. (sr, )

NOT FOR PUBLICATION
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY

SARKIS DERBESHYAN,
Petitioner,
v.
ERIC TAYLOR, DIRECTOR OF
HUDSON COUNTY CORRECTIONAL
FACILITY,
Respondent.

:
:
:
:
:
:
:
:
:
:
:
:
:

Civil Action No. 17-1771 (JMV)

OPINION

APPEARANCES:
SARKIS DERBESHYAN
Hudson County Correctional Center
30-35 Hackensack Ave.
Kearney, NJ 07032
Petitioner, pro se
ANTHONY J. LABRUNA
United States Attorney’s Office
970 Broad Street, Suite 700
Newark, NJ 07102
On behalf of Respondent
VAZQUEZ, United States District Judge
On March 15, 2017, Petitioner, an immigration detainee held in the Hudson County
Correctional Facility in Kearney, New Jersey, filed a petition under 28 U.S.C. § 2241, challenging
his post-final removal order detention for more than six months by the U.S. Immigration and
Customs Enforcement (“ICE”). (ECF No. 1.) His post-final removal order detention began on
August 11, 2016. (Id. at 3, ¶6.) The Court ordered an answer, and on April 25, 2017, Respondent
submitted a copy of Petitioner’s Release Notification. (ECF No. 4.) In the Release Notification

dated April 19, 2017, ICE notified Petitioner that he would be released under an Order of
Supervision pending his removal from the United States. (ECF No. 4 at 2.) Respondent asserts
Petitioner was released; therefore, the petition is moot. (Id. at 1.)
A habeas petition “generally becomes moot when [a petitioner] is released from custody”
because there is no longer “an actual injury traceable to the defendant and likely to be redressed
by a favorable judicial decision.” Vasquez v. Aviles, 639 F. App’x 898, 902 (3d Cir. 2016)
(quoting DeFoy v. McCullough, 393 F.3d 439, 442 (3d Cir. 2005)). The present petition no longer
presents a case or controversy because Petitioner was released under an order of supervision. See
Nunes v. Decker, 480 F. App’x 173, 175 (3d Cir. 2012) (per curiam) (finding petition moot because
court cannot assume petitioner will violate conditions of release and place himself at risk of
detention). Therefore, the petition is dismissed as moot.

An appropriate Order follows.

Date: April 26, 2017
At Newark, New Jersey
s/ John Michael Vazquez
JOHN MICHAEL VAZQUEZ
United States District Judge

2